ACCG Legislative Update page 1 Final Legislative Update Volume # 2, Issue 16– June 10, 2011 2011 Session of the General Assembly Ends Each year, the Association County Commissioners of Georgia (ACCG) compiles a final Legislative Update to summarize legislation of importance to counties passed by the Georgia General Assembly and signed or vetoed by the Governor. This Legislative Update is designed to serve as your guide to legislation from the 2011 session of the Georgia General Assembly and includes a brief summary as well as effective dates for each bill and resolution. ACCG thanks county officials for their interest and involvement in the 2011 legislative session. The county network is a vital component of the ACCG legislative team. By staying informed about progressing legislation and keeping in touch with your state legislators, you can have a definite impact on the outcome of specific legislation. Guided by the 2011-2012 County Platform, the ACCG legislative team had a successful year by addressing many priorities identified by county officials through the consensus building policy development process. The cycle continues this summer as county officials from throughout the state come together to discuss issues for the 2012 legislative session during Policy Committee meetings. ACCG encourages you to take time this summer to meet with your state legislators. Building relationships with your counterparts at the state level will facilitate better communications when they are at the Capitol during the legislative session. Work with your surrounding counties to coordinate a roundtable between state and local officials to discuss issues and share perspectives. The ACCG policy team stands ready to assist you in any way. Watch for the ACCG Capitol Connection electronic newsletter that will serve as your way to stay informed about the work of the policy staff and other legislative issues throughout the rest of the year. ACCG Legislative Update page 2 Bills Passed ECONOMIC DEVELOPMENT & TRANSPORTATION [Staff: Matthew Hicks] HB 137 Revise GDOT Code on Several Matters (Rep. Donna Sheldon, 105th) SB 54 Expand Truck Weight Limits for Poultry Waste Effective July 1, 2011 - This GDOT bill requires the county and Allow GDOT to Issue Multi-trip Permits to notify GDOT when abandoning asbestos pipe and to (Sen. Jeff Mullis, 53rd) retain ownership, similar to the abandonment of a Effective July 1, 2011 – This bill grants a 5% weight limit county road. variance for poultry waste. It expands the current 100- mile limit for exceeding the variance in place for other HB 179 Allow Clear Cutting in Front of Billboards industries to 250 miles for poultry waste. The bill also (Rep. Jon Burns, 157th) allows GDOT to issue multi-trip permits for overweight Effective July 1, 2011 – This bill addresses removal or vehicles. maintenance of trees and vegetation near billboards on the state road system. Billboard owners have to get a SB 240 Change Regulations of Golf Carts and Similar vegetation removal permit through GDOT. The law Vehicles includes protection for trees that are considered historic (Sen. Jeff Mullis, 53rd) or landmarks. For signs taller than 75 feet, in order to get Effective January 1, 2012 - This bill creates a new class of a vegetation maintenance permit from the GDOT, the personal transportation vehicles that go no faster than 20 owner would have to agree to reduce the height of the mph and weigh less than 1,375 pounds. The vehicles are sign to 75 feet unless lowering the sign is precluded by a required to meet minimum equipment standards as county code or regulation. If the height reduction defined in the bill. involves a new support mechanism, like a new pole, then the owner is required to get a written footer SR 30 GDOT to Preauthorize Counties to Clear Snow inspection from the county. GDOT may refuse to grant a and Ice from State Routes vegetation maintenance permit for any signs with (Sen. Jeff Mullis, 53rd) material that is considered "obscene" in accordance with March 29, 2011 - This resolution by the full General state or local law. Assembly follows this year’s snow storms that paralyzed significant parts of Georgia for a week in January. GDOT is urged to develop a list of qualified and responsible contractors willing to assist in weather or other emergencies and to develop and implement a procedure to preauthorize local governments to clear snow and ice from state routes during an emergency. GENERAL COUNTY GOVERNMENT [Staff: Todd Edwards] HB 87 Illegal Immigration Reform and Enforcement excuse, early voting from 45 days to 21 days, making the Act of 2011 early voting period in Georgia consistent for all elections (Rep. Matt Ramsey, 72nd) - from city (which is presently 21 days) to county, state Effective July 1, 2011; secure and verifiable document and federal. It also brings Georgia closer to the national requirements effective January 1, 2012; business compliance average of 24 days. To provide an increased opportunity with E-Verify is phased in over next two years - For a to vote early for those who normally have to work, it summary of the major provisions of the Illegal mandates that polls must be open the second Saturday Immigration and Reform Enforcement Act of 2011, see prior to an election for early voting. To read more see Appendix A. Appendix B. HB 92 Reduce Early Voting Period HB 158 Change Dates Related to Nonpartisan Elections (Rep. Mark Hamilton, 23rd) (Rep. James Mills, 25th) Effective upon preclearance by the United State Department of Effective July 1, 2011 – This bill changes the election of Justice - This bill shortens the duration of in person, no judges back from the November general election to the ACCG Legislative Update page 3 summer primary election. The author explains this will sponsored program that provides training on potentially save counties money by avoiding costly run- governmental security measures. offs solely for judicial offices and it reverts the elections back to the dates in place prior to 2005. HB 302 Change Date of 2012 Primary (Rep. Donna Sheldon, 105th) HB 223 No Building Codes for Manure and Dead Effective July 1, 2011 - This bill changes the date of the Animal Storage Buildings 2012 General Primary to July 31, 2012, which will be the (Rep. Rick Jasperse, 12th) date of the regional transportation sales tax referenda. Effective May 11, 2011 – This bill exempts structures on The Secretary of State's office stated the date is being farms built primarily to store manure and dead animals changed to accommodate the logistics of military and from any building codes. overseas voting. HB 232 Improve State Ethics Requirements SB 10 Authorizes Sunday Package Sales (Rep. Edward Lindsey, 54th) (Sen. John Bulloch, 11th) Effective January 10, 2011 – This bill addresses Effective July 1, 2011 - This bill authorizes counties and unintended consequences from the ethics reform law cities (which already allow package sales) to approve the passed in 2010. First, local officials may now file package sale of beer, wine and distilled spirits on Campaign Contribution Disclosure Reports and Sunday from between 12:30 p.m. to 11:30 p.m. A county Personal Financial Disclosure Reports with the state commission must first authorize via a resolution or either electronically or via paper. It removes the ordinance, specifying the effective date. After a four- requirement that local officials submit a current email week notice in the county organ, the proposal then goes address to the state. The Campaign Finance Commission to a vote of the public with a simple majority prevailing. (formerly the State Ethics Commission) must notify local Elections can take place any time a special election is officials via mail rather than electronically about "the allowed under current law (O.C.G.A. §21-2-540) and are filing of a complaint; a technical defect in a filing; a to be paid for by the county or city that puts the vote on failure to make a timely filing; or a late fee or other the ballot. To read more see appendix D. penalty." It removes the requirement that every county staff person that speaks with a legislator must register as SB 121 Public Golf Courses Can Sell Distilled Spirits a lobbyist. Now, county staff must register as lobbyists (Sen. Butch Miller, 49th) only if they spend more than 10% of their time lobbying Effective July 1, 2011 – This bill authorizes public golf or spend more than $1,000 to influence a public officer. courses (be they state, county or city) to sell wine and To read more see Appendix C. distilled spirits upon obtaining a retail consumption license. Current law only allows for the sale of malt HB 261 Certain Public Records Exempt beverages. Said sale must comply with all other (Rep. Alex Atwood, 179th) applicable state and local laws/ordinances pertaining to Effective May 12, 2011 – This bill allows counties to keep the sale of wine and distilled spirits. confidential any records relating to a government HEALTH & HUMAN SERVICES [Staff: Debra Nesbit] HB 200 Human Trafficking Sentences and Provisions HB 214 Establishes Department of Public Health (Rep. Edward Lindsey, 54th) (Rep. Mickey Channell, 116th) Effective July 1, 2011 – This bill requires that law Effective July 1, 2011 – This bill removes the public health enforcement training centers monitored by the Georgia duties of the Department of Community Health and re- Peace Officer Standards and Training Council and creates the Department of Public Health. funded by the Georgia Public Safety Training Center include training on methods of identifying, combating HB 307 Add Burn Centers to the Georgia Trauma Care and reporting incidents where a person has been Network trafficked for labor or sexual servitude. Training and (Rep. Ben Harbin, 118th) materials will also be required to provide proper Effective July 1, 2011 - This bill adds burn centers that detention facilities or alternatives to detention facilities treat at least 300 burn patients annually to the list of for those who have been trafficked for labor or sexual designated trauma centers.